Montgomery v. Cloud

Citations

• 27 S.C. 188
• 3 S.E. 196
• 1887 S.C. LEXIS 120

Syllabus

<p>1. Where a referee reported that an administrator had sold land of his intestate and used the proceeds in paying debts, and no exception was taken to such finding, the question whether the statute of limitations protected him from accounting for these proceeds is not involved. Had exception been taken, the Brief fails to state facts sufficient to show error in the finding. The mere fact that the administrator might have used other funds for the purpose is insufficient.</p> <p>2. Administration was granted in 1861. In 1868 the administrator made his first and only return showing a balance due by him to the estate. To action brought against him in 1884 for an accounting, Add, that the statute of limitations and the presumption of payment, and therefore also the defence of laches, were not a bar to the relief demanded.</p>